Civil Litigation - Page 72
This is FindLaw's collection of Civil Litigation articles, part of the Litigation and Disputes section of the Corporate Counsel Center. Law articles in this archive are predominantly written by lawyers for a professional audience seeking business solutions to legal issues. Start your free research with FindLaw.
Civil Litigation
Civil Litigation Articles
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Ask Jenner & Block partner Howard S. Suskin to sum up his advice on selecting an expert and he answers without hesitation: "Do your homework." "You want to get as much information as you can to satisfy yourself that the person you're thinking about using has the competency and credibility to serve as an expert witness, Suskin says. -
Call it the case of the Renegade Expert. A federal judge's 78-page order enjoining an expert involved in Zyprexa mass-tort litigation from releasing documents serves as a cautionary tale for any lawyer operating under a judicial gag order. -
Credibility is a key attribute in an expert witness, every trial lawyer would agree. But how do you gauge a potential expert's credibility? What attributes provide the best predictors of how the expert will measure up in the eyes of a jury? -
A prominent lawyer's suit against an expert witness backfired, when the expert won an $11 million verdict against his firm for malicious prosecution. Last month, the Montana Supreme Court affirmed the verdict, finding that the law firm had acted reprehensibly when it sued the expert without adequate grounds. -
When hiring an expert, the most important quality to look for is someone who presents well, litigator Christopher A. Riley believes. Assess how he speaks, how he appears, and his degree of comfort with himself and his area of expertise. -
When a lawyer testifies as an expert witness on a party's behalf, is an attorney-client relationship created? A new ethics ruling says no, thereby freeing the lawyer to take on a new matter related to a client at her former firm. -
In what appears to be a case of first impression, the 7th U.S. Circuit Court of Appeals has ruled that two experts were not barred from testifying by their failure to prepare or sign their own reports, as required by the Federal Rules of Civil Procedure. -
Just because an expert strikes you as the brightest guy on the planet, that doesn't mean he is the best witness for your case, says Roderick B. Williams, an intellectual property partner with Vinson & Elkins in Austin, Texas. -
A federal discovery rule requiring an opposing party to pay expert-related fees and expenses does not apply to pretrial Daubert hearings, the 5th U.S. Circuit Court of Appeals has ruled. Although Fed. R. Civ. P. 26(b)(4)(C) allows a party to recover discovery costs relating to expert witnesses, the rule does not extend to the $64,000 in expenses these plaintiffs incurred in securing their expert's testimony at the Daubert hearing, the court said. -
Expert testimony based largely on the opponents' marketing and advertising materials provided no proof of infringement of stem-cell patents and should have been excluded from trial, a divided three-judge panel of the Federal Circuit Court of Appeals ruled June 9th. The stem-cell biologist's testimony ? which consisted almost entirely of quotations from the defendants' promotional and investment materials ? was neither appropriate for an expert, nor helpful to the jury, the court concluded in affirming the trial court's post-trial order striking the testimony.